EXECUTIVE ORDER
BJ 08-80

Temporary Housing of Displaced Youth


WHEREAS, pursuant to the Louisiana Homeland Security and Emergency Assistance and Disaster Act, R.S. 29:721, et seq ., a state of emergency was declared through Proclamation No.51 BJ 2008;

WHEREAS, it appears that Hurricane Gustav will make landfall along the Gulf Coast between Texas and Florida, most likely Louisiana according to weather information available at this time. In which event, severe flooding and damage to the southern part of the state, will threaten the safety, health, and security of the citizens of the state of Louisiana, along with private property and public facilities;

WHEREAS, emergency situations that may be caused by Hurricane Gustav, and the subsequent flooding and damage that is likely to ensue, will cause youth to be evacuated from juvenile detention centers from areas affected by Hurricane Gustav and placed in facilities operated by DPS&C Youth Services, in detention facilities unaffected by the hurricane, or in other residential facilities operated by Youth Services contractors;

WHEREAS , R.S. 15:901 authorizes DPS&C Youth Services to house youth committed to the custody of the agency;

WHEREAS, if the anticipated temporary evacuation of youth to other facilities occurs, DPS&C Youth Services, and other facilities not operated by the Department of Public Safety and Corrections, will be temporarily housing juveniles who are pre-trial, adjudicated, and/or pre-disposition detainees;

WHEREAS, in order to safely and effectively house these youth, provide for their medical treatment, contact their families, make informed decisions about their care and placement and provide for the public safety, Youth Services will require that the detention centers provide information about the youth’s criminal history, current charges, protection concerns, family contact information, and medical history, as well as at least a fifteen (15) day supply of any medications the youth is currently taking, if needed;

WHEREAS, pursuant to Executive Order No. BJ 2008-77, issued on August 29, 2008, cabinet members, statewide elected officials, and state agency heads are/will be authorized and empowered to use their best judgment in purchasing goods and services necessary to satisfy the situation caused by this emergency;

WHEREAS, the facilities that may temporarily house youth evacuated from other areas will experience additional costs and expenses due to the evacuation of the affected youth because of the increased population and the special needs of those youth, as well as the extraordinary medical care that may be required for some of the temporarily evacuated youth;

WHEREAS, R.S. 46:1906 (B)(2) authorizes the payment of a daily rate to any non-state owned facility for feeding and maintaining each child who is adjudicated delinquent and committed to the department by a court to be held in a secure environment, and who is held in such a secure facility for any reason, an amount equal to ninety percent of the current weighted average of the amount paid state detention facilities, determined to be $96.43 for the year 2001, to be adjusted yearly on July first, pursuant to the consumer price index ($106.24 effective 7/1/2008);

WHEREAS, for housing the affected youth; DPS&C Youth Services will make payments to detention centers in accordance with R.S. 46:1906, and make payments to residential programs at the current Youth Services contract rate with that program as authorized by R.S. 15:1081, et seq .;

WHEREAS, when Youth Services house the evacuated youth or is authorized to pay for the housing of evacuated youth, Youth Services will bill, and local governments will pay, the daily rate that the governmental entity currently pays the pertinent detention center for housing youth from that parish or governmental subdivision effective the fourth (4 ) day that the youth is housed at any location except for youth committed to the custody of Youth Services;

NOW THEREFORE, I, BOBBY JINDAL, Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and the laws of the state of Louisiana, do hereby order and direct as follows:

SECTION 1 : Whether those youth have been committed to DPS&C Youth Services or not, R.S. 15:901 is hereby suspended to the extent that DPS&C Youth Services is granted the authority to bring into its temporary, constructive custody, youth evacuated from detention facilities in the parishes affected by Hurricane Gustav;

SECTION 2: Any detention center evacuating youth to Youth Services will send the youth’s records including information about the youth’s criminal history, current charges, protection concerns, family contact information, and medical history, as well as at least a fifteen (15th) day supply of any medications the youth is currently taking, if needed;

SECTION 3: Any extraordinary medical expenses incurred for the care of youth temporarily transferred from one of the affected parishes will be reimbursed in accordance with R.S. 15:824(B)(1)(c);

SECTION 4 : DPS&C Youth Services is authorized to pay detention facilities the daily rate of $106.24 for the housing of evacuated youth;

SECTION 5: DPS&C Youth Services is authorized to pay residential programs the current Youth Services contract rate with that program for the housing of evacuated youth;

SECTION 6: When Youth Services house the evacuated youth or is authorized to pay for the housing of evacuated youth, Youth Services will bill, and local governments will pay the daily rate that the governmental entity currently pays the pertinent detention center for housing youth from that parish or governmental subdivision effective the fourth (4th) day the youth is housed at any location, except for youth committed to the custody of Youth Services;

SECTION 7 : All departments, commissions, boards, offices, entities, agencies, and officers of the state of Louisiana, or any political subdivision thereof, are authorized and directed to cooperate with the implementations of the provisions of this Order; and

SECTION 8: This Order is effective upon signature and shall apply unless amended, modified, terminated, or rescinded by the governor, or terminated by operation of law.

IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 30th day of August, 2008.

Bobby Jindal
Governor

ATTEST BY
THE GOVERNOR
Jay Dardenne
Secretary of State